On the 1st January 2023, the Court of Protection updated their procedures to enable applications for financial deputyships to be completed online.

Based on the latest figures applications for financial deputyships make up 40% of all applications made to the Court of Protection. For the most part they are straightforward and uncontested, but despite this it is currently taking 8 months on average for orders to be issued.

Under the pilot for the online scheme, orders were being granted within 6 weeks. We are not expecting this timescale to be maintained now that the scheme is open to the general public, however there are some clever changes which should have a dramatic effect on timescales.

For one, applicants need to notify relevant parties before the application is submitted. This means that the court can proceed without the need to wait for potential objections, as concerns can be raised (and potentially dealt with) prior to the application reaching the Court. It should however be noted that this procedure is only available for uncontested applications. Where an application is contested, the traditional paper route must be used and applicants should be prepared for a hearing before the Court.

One concern raised by professionals was how to ensure that the required notices had been served as instructed. The Court have taken this into account and have introduced two safeguards. Firstly, the applicant must sign a statement of truth when submitting their application, confirming that they have taken all necessary steps and notified all relevant parties. Lying on this statement amounts to contempt of Court and can carry severe consequences (including fines or prison sentences).

Secondly,  the Court will carry out random checks, to confirm notices have been served. For this reason the applicant should take the time to explain the application to the notified person and why they are being notified, so they can confirm this to the Court, if they are contacted.

There will inevitably be some teething issues on launch, however the reforms should see standard applications processed smoothly and in a much quicker timescale.

If you do need any assistance with a Court of Protection application then please contact Ashley Minott on 01494 893518.